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(영문) 수원지방법원 2018.12.20 2018고정1467
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 21, 2018, the Defendant was sentenced to two years of imprisonment for a crime of fraud at the method of flooding, and the judgment became final and conclusive on July 2, 2018.

On September 6, 2018, the Defendant was sentenced to imprisonment with prison labor for one year and two years suspended execution, and fine of two million won on September 10, 2018, for the crime of violation of the National Sports Promotion Act (such as opening of gambling), opening of gambling space, and aiding and abetting opening of gambling space. The judgment became final and conclusive on October 10, 2018.

On March 15, 2017, the Defendant issued an order for alcohol and entertainment with the victim’s “C” entertainment shop located in Gangnam-gu Seoul, Seoul, for the following reasons: (a) the Defendant: (b) “C” entertainment shop located in Gangnam-gu; and (c) the Defendant would pay the

However, in fact, there was no intention or ability to pay the drinking value properly due to the absence of Defendant’s money, which was false.

Defendant deceiving the victim as above, and was provided with alcohol and entertainment equivalent to KRW 6,950,00,00,000, around March 15, 2017 from the victim, and around April 13, 2017, Defendant was provided from the victim with alcohol and alcohol equivalent to KRW 54,780,00,00 from the above main point to the day of April 13, 2017 as indicated in the list of crimes below.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Kakao Stockholm messages;

1. Previous convictions in the judgment: The application of the Suwon District Court 2018 High Court 2121, 2018 High Court 2018 High Court 1002 High Court 1002 High Court 2017 High Court 1137 High Court 2017 High Court 2017 High Court 20137 High Court 529 High Court 2018 High Court 2

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (a comprehensive determination of fines);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant paid KRW 26,500,000, out of the drinking value, and considering equity in the case where the judgment was rendered simultaneously with the previous conviction, a fine of KRW 5 million is already imposed, and thus, a fine of KRW 5 million may not be mitigated.

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